MAGNUM OPUS TRADING LLC IS NOT AN INVESTMENT ADVISOR AS DEFINED UNDER ANY U.S. STATE AND/OR FEDERAL LAW. THE SERVICE IS DESIGNED SOLELY TO PROVIDE GENERAL EDUCATION AND TRAINING RELATED TO TRADING METHODOLOGY, STRATEGIES AND CONCEPTS. THE COURSE MATERIALS ARE NOT MEANT TO BE A SOLICITATION OR RECOMMENDATION TO BUY, SELL, OR HOLD ANY POSITIONS IN ANY CURRENCY, CRYPTOCURRENCY, COMMODITY, EQUITY, OPTION, FUTURES CONTRACT, BOND, ETC.

WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL OR SHOULD ACHIEVE ANY PROFITS AT ALL GENERALLY OR OTHERWISE PROFITS SIMILAR TO ANY OF THE RESULTS SHOWN IN ANY ACTUAL PAST TRADES USED IN CASE STUDIES OR USED AS EXAMPLES GENERALLY AS MAY BE CONTAINED IN ANY OF THE COURSE MATERIALS, OR BASED ON ANY SIMULATED TRADES BY YOU OR OTHERWISE BASED ON YOUR USE OF THE SERVICE GENERALLY.

TRADING CURRENCY, CRYPTOCURRENCY, FUTURES, OPTIONS, COMMODITIES, EQUITIES, BONDS, ETC. IS EXTREMELY VOLATILE, AND CARRIES A HIGH LEVEL OF RISK. IT IS EXTREMELY LIKELY THAT YOU WILL SUSTAIN LOSSES OF SOME OR ALL OF YOUR INITIAL CAPITAL. YOU SHOULD NOT ASSUME THAT THE FUTURE PERFORMANCE OF ANY SPECIFIC TRADING METHODOLOGIES, CONCEPTS, STRATEGIES AND/OR TOOLS THAT WE PRESENT OR TEACH WILL BE PROFITABLE OR OTHERWISE PROVIDE EQUAL HISTORICAL OR ANTICIPATED PERFORMANCE LEVEL(S) AS MAY BE REFLECTED IN ANY OF THE COURSE MATERIALS. THE ACTUAL RESULTS OF ANY TRADE OR TRADING/INVESTMENT STRATEGY WILL VARY DEPENDING ON EXECUTION TIME, MARKET LIQUIDITY AND GENERAL MARKET CONDITIONS INCLUDING EXTREME VOLATILITY AT THE TIME OF EXECUTION.

HYPOTHETICAL SIMULATED PERFORMANCE RESULTS (VIA SOFTWARE OR OTHERWISE) HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, THE RESULTS MAY NOT COMPENSATE FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS.

DUE TO VARIOUS FACTORS INCLUDING, BUT NOT LIMITED TO, CHANGING MARKET CONDITIONS, ANY TRADE OPPORTUNITY AND/OR ANY POTENTIAL TRADING TREND MAY ONLY BE VALID FOR A SPECIFIC MOMENT IN TIME OR FOR A SHORT DURATION IN GENERAL. PAST PERFORMANCE MAY NOT BE INDICATIVE OF FUTURE RESULTS.

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MAGNUM OPUS TERMS OF SERVICE

THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) ARE ENTERED INTO WITH MAGNUM OPUS TRADING LLC, A DELAWARE LIMITED LIABILITY COMPANY (“MAGNUM” “WE” OR US”), AND YOU, THE INDIVIDUAL SUBSCRIBER-USER, AND GOVERNS YOUR USE OF OUR MAGNUM OPUS TRADING COURSE SUBSCRIPTION SERVICE (“SERVICE”) AS MADE AVAILABLE ON WWW.THEONELANCEB.COM (“WEBSITE”) AND ON ANY OF OUR VARIOUS ONLINE CHANNELS/PLATFORMS THAT WE MAY UTILIZE FROM TIME TO TIME. THIS AGREEMENT APPLIES TO BOTH PAID MAGNUM OPUS ADVANCED AND ELITE SUBSCRIBERS AND MAGNUM OPUS TRAINEE SUBSCRIBERS ELECTING TO USE OUR FREE CONTENT.

”YOU” OR “YOUR” SHALL BE USED INTERCHANGEABLY THROUGHOUT THIS AGREEMENT AND MEAN YOU INDIVIDUALLY, OR THE ENTITY YOU REPRESENT ACCEPTING THESE TERMS IF APPLICABLE.,  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. Â IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.

BY ACCEPTING THIS AGREEMENT BY CLICKING THE I ACCEPT BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH MAGNUM.

YOU MUST BE AT LEAST 18-YEARS OF AGE AND BE CONSIDERED TO BE A LEGAL ADULT IN THE JURISDICTION IN WHICH YOU RESIDE IN ORDER TO ACCESS AND USE THE SERVICE. BY ENTERING INTO THIS AGREEMENT, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE.

THE ACCESS RIGHTS GRANTED TO YOU PURSUANT TO THIS AGREEMENT SHALL ONLY BE GRANTED TO YOU UPON YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS:

1. Subscription Access, Term & Termination
   
   

1.1. Service Access Rights. Subject to Your continued compliance with this Agreement, You are hereby granted with the non-exclusive, non-transferable and revocable limited right to access and use all separate written and digital course materials made available on our Website and/or on U-Screen, YouTube and any of our other separate social media channels or other online platforms that We may elect to utilize (“Course Materials”), for the term set forth in Section 1.3 below, and as made available to You based on whether You are a free trainee user or a paid Advanced or Elite subscriber-user as described on our Website. We shall exclusively retain all rights not expressly granted to You as set forth in this Agreement in and to the Website (including any and each separate component comprising the Website) together with all trademarks, trade secrets and any other proprietary rights inherent therein and related thereto. Access and use rights in and to the Service are being granted and not sold to You under the terms and conditions of this Agreement. In our sole discretion, we may set, impose or enforce limits on Your use, or restrict Your access to some or all of the Course Materials, change, discontinue, suspend or terminate the availability of some or all of the Course Materials or any other separate feature of the Service at any time for any reason with or without notice to You. We will not be liable to You for any damages of any kind as a result of any such future restriction, modification, deletion, discontinuation, suspension and/or termination. Your ability to access and use the Service and any separate Course Materials in connection therewith may require the payment of third party fees and charges (including but not limited to fees and charges such as Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment You may need to be able to access or use the Service.

1.2. Registration & User Accounts. You are required to register and create an account through U-screen in order to utilize the Service. Once You provide the requested information during the registration process, an account will be automatically created. You warrant and represent to us that any information You provide during registration is accurate and current. You will be required to maintain and update the user registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify Your registration with, or access to, all or part of the Website and the Service, without notice, at any time if We discover that You have provided untrue, inaccurate or incomplete registration information. You will be required to create a user ID and password to log-in to access the Course Materials from your U-screen dashboard. You can use this log-in information (or Your Google account credentials) to access the Service on our Website and as provided through any of our other social media channels and online platforms at any time. It is Your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of Your account. You agree that You shall be the only user of Your account and will not allow others to use Your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You agree that we may act in reliance, without investigation, upon any of Your log-In information.

1.3. Subscription Term & Termination. The initial term covering Your right to access and use the Service shall be equal to either one (1) year (the “Initial Term”) beginning on the date this Agreement is entered into by You and shall automatically renew for successive one (1) year periods thereafter, or shall automatically renew each month successively thereafter, depending on Your subscription package (Advanced or. Elite), unless terminated by either party as set forth in this Section 1.3. Magnum may terminate this Agreement and/or discontinue providing You with access to the Service at any time for any reason not prohibited by law and without any notice to You, permanently or temporarily, including, but not limited to, if we are unable to access or use any of the third-party services required to operate the Service, or any such services are discontinued, become obsolete or are otherwise not commercially available. We shall not be liable to You or to any third-party for any loss caused by any termination of the Service or termination of Your access to the Service including any damage or loss to any data, computers, systems, or networks. Magnum may elect to terminate this Agreement at any time in addition to any other remedy Magnum may have under this Agreement due to any breach by You of any term hereof without advance notice to You. Upon termination, Your access to the Service and any Course Materials will be disabled and You will immediately cease all use of this Service.

1.4. Force Majeure. Notwithstanding the foregoing, Magnum will not be liable to You for any failure or delay in the availability of the Service during the Term or any renewal term due to causes beyond its reasonable control, which may include, without limitation, inability to obtain and/or denial of services essential to operation of the Service, or malicious attacks, telecommunications failure or degradation, pandemics, epidemics, public health emergencies, governmental orders and acts, material changes in law, war, terrorism, riot, or acts of God.

2. General Use Restrictions. You are not authorized to (i) co-brand, co-market, white label, distribute, syndicate, modify or use the Service or any portion thereof including any of the Course Materials for purposes including (without limitation) offering a service similar to or competitive with the Service, or to gain unauthorized access to the Service; or (ii) otherwise use the Service or any text, graphics, headers, banners, images, videos, applications, files or any other separate Website and/or database element that is part of the Service as made available to You through Your browser for any commercial use or purpose whatsoever, in whole or in part, except as otherwise expressly permitted in this Agreement.

3. Course Materials Use Rights. Magnum shall exclusively retain all rights in and to all Course Materials. You are hereby granted with the right to access and use the Course Materials solely in connection with Your use of the Service as set forth herein. You have no other rights, interest or title in or to any such Course Materials. Your use of all Course Materials is deemed by Magnum to be confidential, and proprietary. Accordingly, You agree not to use any Course Materials except as authorized under the terms of this Agreement, in any manner and on any medium, directly or indirectly, including, but not limited to, using any such Course Materials in any way to a. migrate or divert third-parties to use or attempt to use any services the same or substantially similar to the Service, or b. for any other commercial or non-commercial purpose whatsoever other than as set forth in this Agreement (which means You agree not to share or make available for public display any Course Materials. Course Materials may only be shared by You as we may authorize in writing from time to time. You acknowledge that the restrictions on Course Materials use set forth in this Section 3 are necessary for the protection of Magnum’s business interests and that Magnum would be irreparably injured by a violation of any of the foregoing use restrictions and agree that Magnum shall be entitled to injunctive relief, without bond, restraining You from any actual or threatened breach of this Section in addition to all other remedies at law or equity available to Magnum.

4. Subscription Fee, Cancellation & Refunds.

4.1. Subscription Fee Payment. You agree to pay either an annual fee or monthly fees, depending upon the package and/or payment interval chosen by You in exchange for the access rights being granted to You herein (“Subscription Fee” or “Subscription Fees”). Subscription packages and corresponding subscription fees are posted on our Website and shown on the U-screen join/registration page at the time You register and create an account. Magnum shall have the right to decrease or increase the amount of the applicable Subscription Fee for any of its offered packages, or We shall have the right to re-structure or terminate any specific subscription package at any time beginning after the expiration of the Initial Term by sending an email with notice to You before such change becomes effective. Any increase shall be effective beginning in the next subsequent renewal term and shall not apply to the remainder of the then-current term in which You may receive any such increase notice by us. We are not responsible for pricing, typographical, or other errors in any offer or price stated on this Website or this Agreement and we reserve the right to cancel any subscriptions (and corresponding payment) arising from such errors.

4.1.1. AUTOMATIC, RECURRING PAYMENT. Your credit card or other payment method You provide will be automatically charged in the applicable amount stated above either i) each month for Advanced subscribers electing to pay for the annual subscription Term on a monthly basis, and immediately upon the expiration of the Initial Term and then continuing each month thereafter during each subsequent renewal term, and ii) upon the expiration of each subsequent monthly renewal term and continuing each month thereafter during each subsequent renewal term for Elite subscribers, unless otherwise stated in this Agreement. FAILURE TO TERMINATE THIS AGREEMENT BEFORE 11:59 P.M. EST ON THE LAST DAY OF THE INITIAL TERM OR ANY SUBSEQUENT MONTHLY RENEWAL TERM BY NOTIFYING MAGNUM VIA EMAIL SHALL BE DEEMED TO BE AN IRREVOCABLE WAIVER BY YOU OF YOUR RIGHT TO TERMINATE THIS AGREEMENT AFTER THE COMMENCEMENT OF ANY SUBSEQUENT RENEWAL TERM. YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO CANCEL THIS AGREEMENT BEFORE THE END OF THE INITIAL TERM OR ANY SUBSEQUENT RENEWAL TERM WILL RESULT IN AUTOMATIC, RECURRING CHARGES TO YOUR CREDIT/DEBIT CARD OR OTHER PAYMENT METHOD YOU HAVE PROVIDED FOR THE TOTAL SUBSCRIPTION FEE DUE FOR THE SUBSEQUENT RENEWAL TERM AND UPON THE DATE(S) DUE AS STATED ON OUR WEBSITE AND UNDER THE TERMS OF THIS AGREEMENT UNTIL YOU CANCEL YOUR SUBSCRIPTION WITH US.

4.2. CANCELLATION: You may cancel your subscription at any time before the expiration of the Term or any Renewal Term for any reason by directly through Your U-Screen account dashboard. Upon any cancellation, we will no longer debit your credit card or other payment method. You shall have the right to terminate this Agreement at any time before 11:59 p.m. CST on the expiration date of the Initial Term or any subsequent renewal term by simply sending an email to our designated representative electing not to renew this Agreement.

4.3. NO REFUNDS OR CREDITS. There will be no refunds or credits for any Subscription Fee for partial months of use of the Service upon termination for any reason other than as set forth in Section 12 due to Your non-acceptance of any modifications to this Agreement. All Subscription Fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for the payment of all such taxes or duties. Magnum may terminate this Agreement and Your access and use rights for non-payment of any sums due hereunder without notice to You.

5. NO WARRANTIES. THE SERVICE IS BEING PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, MAGNUM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OR INTEROPERABILITY OF ANY CONTENT CONTAINED IN ANY OF THE COURSE MATERIALS; AND (II) ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MAGNUM DOES NOT WARRANT OR GUARANTEE THAT: (1) ANY PORTION OF THE WEBSITE OR ANY OTHER ONLINE FORUM WHERE COURSE MATERIALS ARE MADE AVAILABLE TO YOU WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT THE FUNCTIONS PERFORMED BY MAGNUM IN MAKING THE SERVICE OR ANY COURSE MATERIALS AVAILABLE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INACCURACIES WITH ANY COURSE MATERIALS WILL BE CORRECTED. THE COURSE MATERIALS MAY CONTAIN INFORMATION WHICH IS INACCURATE, INCOMPLETE OR OUTDATED. ANY HISTORIC CHARTS AND OTHER PERFORMANCE DATA USED BY US IN CONNECTION WITH THE SERVICE AS PART OF OUR COURSE MATERIALS IS TAKEN FROM SOURCES BELIEVED TO BE RELIABLE, BUT WE ACCEPT NO RESPONSIBILITY TO VERIFY THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION OR TO UPDATE SUCH INFORMATION AS PUBLISHED IN ANY OF OUR COURSE MATERIALS, OR OTHERWISE NOTIFY YOU OF ANY ERRORS OR INACCURACIES TO THE EXTENT THE SAME BECOME KNOWN TO US. AS MARKETS CHANGE CONTINUOUSLY, PREVIOUSLY PUBLISHED, INFORMATION AND TRADING PERFORMANCE DATA MAY NOT BE CURRENT AND SHOULD NOT BE RELIED UPON. YOU SHOULD NOT RELY ON ANY OF THE INFORMATION CONTAINED IN ANY OF THE COURSE MATERIALS. ANY INFORMATION CONTAINED IN THE COURSE MATERIALS OR OTHERWISE AS PART OF THE SERVICE MAY BE CHANGED AT ANY TIME WITHOUT NOTICE TO YOU.
   
   

6. DISCLAIMERS & NOTICES.
   
   

6.1. NOT INVESTMENT ADVICE. MAGNUM IS NOT AN INVESTMENT ADVISOR AS DEFINED UNDER ANY U.S. STATE AND/OR FEDERAL LAW. TO THE EXTENT THAT ANY OF THE COURSE MATERIALS OR THE SERVICE IN GENERAL MAY BE DEEMED TO BE INVESTMENT ADVICE, SUCH INFORMATION IS IMPERSONAL AND NOT TAILORED TO THE INVESTMENT NEEDS OF ANY SPECIFIC PERSON. WE DO NOT OFFER INITIAL OR ONGOING INDIVIDUAL PERSONALIZED INVESTMENT ADVICE, INVESTMENT REPORTING, INVESTMENT SUPERVISORY OR INVESTMENT MANAGEMENT SERVICES. THE SERVICE IS DESIGNED SOLELY TO PROVIDE GENERAL EDUCATION AND TRAINING RELATED TO TRADING METHODOLOGY, STRATEGIES AND CONCEPTS IN ORDER TO HELP YOU IDENTIFY AND EVALUATE POTENTIAL TRADING OPPORTUNITIES. USE OF THE SERVICE IS NOT A SUBSTITUTE FOR ONGOING INDIVIDUAL PERSONALIZED ADVICE FROM AN INVESTMENT PROFESSIONAL OR OTHER INVESTMENT SERVICE. THE COURSE MATERIALS ARE NOT MEANT TO BE A SOLICITATION OR RECOMMENDATION TO BUY, SELL, OR HOLD ANY POSITIONS IN ANY CURRENCY, CRYPTOCURRENCY, COMMODITY, EQUITY, OPTION, FUTURES CONTRACT, BOND, ETC. ANY LIVE TRADES AND/OR POSITIONS WE MAY REFERENCE ARE USED STRICTLY AS EXAMPLES AND ARE MERELY INCIDENTAL TO THE EDUCATIONAL TRAINING WE PROVIDE. ANY TRADE YOU MAKE SHOULD ONLY BE MADE ACCORDING TO YOUR OWN OPINION, KNOWLEDGE AND EXPERIENCE. YOU ASSUME THE SOLE RISK OF ANY TRADE OR INVESTMENT YOU ELECT TO MAKE BASED ON YOUR USE OF THE INFORMATION CONTAINED IN ANY COURSE MATERIALS. YOU ARE ENCOURAGED TO ALWAYS SEEK ADVICE FROM AN INDEPENDENT, LICENSED FINANCIAL PROFESSIONAL IN ORDER TO BE AWARE OF ALL THE RISKS ASSOCIATED WITH ANY SPECIFIC TRADE OR INVESTMENT YOU SEEK TO MAKE IN GENERAL.

6.2. NO REPRESENTATIONS OR GUARANTEES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL OR SHOULD ACHIEVE ANY PROFITS AT ALL GENERALLY OR OTHERWISE PROFITS SIMILAR TO ANY OF THE RESULTS SHOWN IN ANY ACTUAL PAST TRADES USED IN CASE STUDIES OR USED AS EXAMPLES GENERALLY AS MAY BE CONTAINED IN ANY OF THE COURSE MATERIALS, OR BASED ON ANY SIMULATED TRADES BY YOU OR OTHERWISE BASED ON YOUR USE OF THE SERVICE GENERALLY.

6.3. IMPORTANT RISK NOTICE. TRADING CURRENCY, CRYPTOCURRENCY, FUTURES, OPTIONS, COMMODITIES, EQUITIES, BONDS, ETC. IS EXTREMELY VOLATILE, CARRIES A HIGH LEVEL OF RISK AND IS NOT SUITABLE FOR EVERYONE. THIS RISK IS INCREASED BY USING MARGIN AS LEVERAGE, WHICH IS DANGEROUS AND CAN WORK AGAINST YOU. BEFORE DECIDING TO MAKE ANY TRADES, YOU SHOULD CAREFULLY CONSIDER YOUR LEVEL OF EXPERIENCE AND RISK TOLERANCE. IT IS EXTREMELY LIKELY THAT YOU WILL SUSTAIN LOSSES OF SOME OR ALL OF YOUR INITIAL CAPITAL AND THEREFORE YOU SHOULD NOT TAKE A POSITION IN ANY TRADE USING CAPITAL THAT YOU CANNOT AFFORD TO LOSE. ANY GIVEN TRADE YOU ELECT TO MAKE MAY BE SUBJECT TO EXTREMELY HIGH VOLATILITY THAT MAY NOT BE PREDICTABLE AND THAT CAN RESULT IN SIGNIFICANT PERCENTAGE LOSSES, OR THE COMPLETE LOSS, OF THE CAPITAL YOU ALLOCATE. PAST PERFORMANCE MAY NOT BE INDICATIVE OF FUTURE RESULTS. THEREFORE, YOU SHOULD NOT ASSUME THAT THE FUTURE PERFORMANCE OF ANY SPECIFIC TRADING METHODOLOGIES, CONCEPTS, STRATEGIES AND/OR TOOLS THAT WE PRESENT OR TEACH WILL BE PROFITABLE OR OTHERWISE PROVIDE EQUAL HISTORICAL OR ANTICIPATED PERFORMANCE LEVEL(S) AS MAY BE REFLECTED IN ANY CASE STUDIES OR OTHER EXAMPLES USED IN THE COURSE MATERIALS. THE ACTUAL RESULTS OF ANY TRADE OR TRADING/INVESTMENT STRATEGY WILL VARY DEPENDING ON EXECUTION TIME, MARKET LIQUIDITY AND GENERAL MARKET CONDITIONS INCLUDING EXTREME VOLATILITY AT THE TIME OF EXECUTION.

6.4. SIMULATED RESULTS. HYPOTHETICAL SIMULATED PERFORMANCE RESULTS (VIA SOFTWARE OR OTHERWISE) HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, THE RESULTS MAY NOT COMPENSATE FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS SUCH AS LIQUIDITY, CURRENT NEWS EVENTS, NO ANALOGOUS PAST MARKET ENVIRONMENT, ETC. WE MAKE NO REPRESENTATION THAT YOU WILL OR ARE LIKELY TO ACHIEVE PROFITS SIMILAR TO THOSE SHOWN IN ANY SIMULATED BACKTESTING OR FORECASTING YOU MAKE BASED ON ANY OF THE RECOMMENDATIONS AND/OR TRADING CONCEPTS, TOOLS OR STRATEGIES CONTAINED IN ANY OF THE COURSE MATERIALS. ALL TRADES CARRY RISKS REGARDLESS OF THE PROBABILITY OF OBTAINING RESULTS SIMILAR TO ANY HYPOTHETICAL SIMULATED RESULTS. UNKNOWN FUTURE EVENTS OR MARKET CONDITIONS CAN CREATE UNFORESEEN LOSSES.

6.5. TRADING OPPORTUNITIES & TRENDS. YOU SHOULD INDEPENDENTLY EVALUATE AND DETERMINE WHETHER TO ACT UPON ANY INDIVIDUAL TRADING OPPORTUNITIES, WHETHER AS PART OF ANY CURRENT IDENTIFIED TRENDS OR OTHERWISE, IN CONNECTION WITH YOUR USE OF THE SERVICE. DUE TO VARIOUS FACTORS INCLUDING, BUT NOT LIMITED TO, CHANGING MARKET CONDITIONS, ANY TRADE OPPORTUNITY AND/OR ANY POTENTIAL TRADING TREND MAY ONLY BE VALID FOR A SPECIFIC MOMENT IN TIME OR FOR A SHORT DURATION IN GENERAL. PAST PERFORMANCE MAY NOT BE INDICATIVE OF FUTURE RESULTS.

6.6. THIRD-PARTY PROVIDERS. The Service may contain links, references or recommendations to third-party service or product providers. Your use or purchase of any product or service provided by any third-party service provider is governed by the terms, conditions and rules imposed by such third-party service provider and not by these Terms. You agree to look only to such third-party providers for the provision of such product or service or for satisfaction of any claim you may have related to such product or service. Magnum shall not be held liable to You whatsoever in connection with any third-party product or service. We may reference or recommend to You for any loss or damages caused or alleged to have been caused by Your use of such product or service. While We may review and use the products and services of any such recommended third-party providers, You should not rely on our recommendation and should determine whether any such recommended provider is appropriate for Your individual circumstances. We do not make any representations or warranties to You of any kind as to the performance, accuracy, timeliness, suitability, completeness, or relevance of any products, services and/or information provided by any affiliated or unaffiliated third-party service provider referenced or recommended by Us in any of the Course Materials.

6.7. DOWN TIME DISCLAIMER. The Course Materials provided as part of the Service as made available to You on our Website and/or any of our other social media channels or other online platforms may be unavailable, whether due to periodic maintenance by Magnum, unavailability from the acts or omissions of third-party platform providers, or for other reasons outside of our control. Magnum shall not have any liability to You of any kind whatsoever for any Service interruptions or downtime regardless of the duration of such interruption that may restrict Your access and use of the Service including, but not limited to, the inability to access any Course Materials, for any of the following reasons: (i) periodic maintenance (notice of which may be emailed to the email address You provide to Magnum in relation to Your account), (ii) any reason described in the section regarding Force Majeure contained in Section 1.4, (iii) Your inability to connect to or to access the Service and the Course Materials due to problems related to Your computer/device hardware, wireless Internet network, Your Internet service provider, or any other similar problem, or (iv) unavailability from the acts or omissions of any third-party platform providers We use to provide any Course Materials to You as part of the Service. You understand and acknowledge that You have been made aware of this possibility and You assume this risk before electing to use the Service or pay any Subscription Fees.

7. LIMITATION OF LIABILITY. MAGNUM SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY LOSS OF ANY OF YOUR CAPITAL (AND/OR LOSS OF ANY POTENTIAL PROFITS) STEMMING FROM ANY TRADE(S) YOU MAKE, OR FOR ANY THIRD-PARTY BROKER OR OTHER PROVIDER FEES PAID BY YOU, BASED UPON YOUR USE AND/OR RELIANCE ON THE SERVICE INCLUDING ANY OF THE COURSE MATERIALS. WE SHALL NOT BE LIABLE AS STATED ABOVE REGARDLESS OF THE CAUSE OF ANY DAMAGE INCURRED, INCLUDING ANY DAMAGES NOT FORESEEABLE AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MAGNUM HAS BEEN ADVISED OF THE SAME.

IN ALL CASES, PAID SUBSCRIBERS SHALL BE LIMITED IN THEIR RECOVERY FROM MAGNUM FOR ANY AND ALL DAMAGES OF ANY KIND OR NATURE BASED ON ANY BREACH OF THIS AGREEMENT BY US (OR OTHERWISE) TO THE TOTAL AMOUNT OF ALL SUBSCRIPTION FEES PAID TO US BY SUCH SUBSCRIBER PRIOR TO THE DATE OF THE ASSERTION OF THE CLAIM.

FREE TRAINEE SUBSCRIBERS SHALL BE LIMITED IN THEIR RECOVERY FROM MAGNUM FOR ANY AND ALL DAMAGES OF ANY KIND OR NATURE THAT SUCH SUBSCRIBER SHOULD INCUR BASED ON ANY BREACH OF THIS AGREEMENT BY US OR OTHERWISE TO THE TOTAL SUM OF $500.00.

YOU ACKNOWLEDGE YOU ARE WAIVING RIGHTS CONCERNING CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT WAIVER OF SUCH CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Exceptions to Disclaimers & Limitations. To the extent that We may not disclaim any implied warranty or limit our damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
   
   

9. Data Privacy Practices. Magnum may collect, use, transmit, share and maintain information related to Your access and use of the Service including, but not limited, to how You use any Course Materials and otherwise use our Website for the purposes stated herein and in our Website Privacy Policy. Magnum may collect technical, aggregated statistics related to or resulting from Your direct use of the Service that may be used by Magnum to support, improve and enhance the Service generally or for any other internal use. Also, in connection with any investigation by any law enforcement agency, Magnum shall be entitled, except to the extent prohibited by applicable law, to disclose to law enforcement or other government agencies, any information that is in its possession in connection with Your use of the Service in general that Magnum, in its sole discretion, believes to be necessary or appropriate.
   
   

10. ARBITRATION. EXCEPT FOR ACTIONS TO PROTECT ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS, TO REMEDY ANY BREACH OF THE TERMS OF SECTIONS 2 OR 3 BY YOU, OR TO ENFORCE AN ARBITRATOR’S DECISION HEREUNDER, THE PARTIES AGREE TO GIVE UP THEIR RESPECTIVE RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL INCLUDING WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT(S) AND TO OTHERWISE RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY BINDING ARBITRATION. Except as stated above, any claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and Magnum, our agents, employees, members, managers, officers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration under the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by a single arbitrator appointed by the AAA from the panel of commercial arbitrators of any of the AAA Large and Complex Resolution Programs. Any arbitration proceeding shall be brought and heard exclusively in Cook County, state of Illinois, USA. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to i) award punitive damages to either You or Magnum unless such punitive damages are an available remedy as codified under any of the laws of the state of Illinois governing the specific substantive subject matter of the claim(s) the subject of any arbitration proceeding then in effect at the time of such claim, or ii) any award inconsistent with the limitation on liability set forth in Section 7. Any judgment may be entered exclusively in the Circuit Court of Cook County, Civil Division, situated in Chicago, Illinois, USA, and the arbitrator shall award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then-current rules of the AAA.
    
    

Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate Magnum’s intellectual property rights or any of the terms of Sections 2 and/or 3 hereof, Magnum may seek injunctive or other appropriate relief exclusively in a state or federal court located in Cook County, Illinois under the terms of this Agreement and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extraterritorial service of process for that purpose.

EACH PARTY MUST NOTIFY THE OTHER PARTY IN WRITING VIA CERTIFIED U.S. MAIL OF ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE REQUIRED TO BE RESOLVED BY BINDING ARBITRATION THAT SUCH PARTY INTENDS TO SUBMIT TO ARBITRATION PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER THE EARLIER OF I) THE DATE THE ACT GIVING RISE TO THE CLAIM FIRST OCCURS, OR II) THE DATE THE CLAIMING PARTY DISCOVERS THE EXISTENCE OF ANY SUCH CLAIM, WHICH SHALL BE DEFINED AS THE DATE SUCH PARTY SHOULD HAVE DISCOVERED THE EXISTENCE OF THE FIRST ACT GIVING RISE TO THE CLAIM IF THAT DATE IS EARLIER THAN THE ACTUAL DISCOVERY DATE HAD SUCH PARTY USED EITHER CUSTOMARY AND/OR COMMERCIALLY PRUDENT PRACTICES REASONABLY EXPECTED TO BE USED BY SUCH PARTY UNDER THE CIRCUMSTANCES. OTHERWISE, SUCH CLAIM SHALL BE PERMANENTLY BARRED.

11. MODIFICATIONS. We reserve the right, at any time, to amend the provisions of this Agreement. Notice of any such modification(s) will be posted at the top of our Website page displaying this Agreement along with the effective date of such change(s) and/or You will be notified upon the first time You log-in after such modification(s) are effective. You agree to regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. If You do not accept any amendments, You must terminate Your account by notifying us in writing by email of Your election to do so, and this Agreement will then terminate, in which case You shall receive a prorated refund of the Subscription  Fees. If we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and if inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Service after such revised terms are posted, You agree to be bound by any such revised terms. Your access and use of the Website and the Service will always be subject to the most current versions of these Terms of Service and our Privacy Policy in effect at the time of such use.
    
    

12. Miscellaneous:

• Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding Your access to and use of the Service and supersedes any prior communications, representations or agreements of the parties, whether written or oral to the extent in conflict with any provision of any other applicable agreement relating to the Service.
• Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality, and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
• Venue & Choice of Law. This Agreement shall be construed and enforced under the laws of the state of Illinois, USA, without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations. Other than claims required to be submitted to arbitration pursuant to Section 10 above, all other claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or Your use of the Service in general may only be brought and heard exclusively in the Circuit Court of Cook County, Civil Division, situated in Chicago, Illinois, USA, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extraterritorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of the Website by You.
• Prevailing Party Fees. In the event of any action or proceeding brought by either party to enforce the validity of this Agreement and/or to enforce any provision hereof including, but not limited to, any arbitration proceeding brought pursuant to Section 10, any declaratory action or any other action at law or equity, the prevailing party shall be entitled to recover from the other party all costs and expenses incurred by such party in connection therewith including all reasonable attorneys’ fees.
• Waiver. The waiver of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver by Magnum of any other or subsequent breach by You.
• Assignment. This Agreement shall inure to the benefit of the successors and assigns of Magnum and Magnum may assign its rights and obligations under this Agreement without Your consent at any time with or without notice to You. You may not assign, delegate or otherwise transfer all or any part of Your rights or obligations under this Agreement without the prior written consent of Magnum. Any such attempted assignment, delegation, or transfer will be null and void.
• Survival. The provisions contained in Sections 2 and 3 and the limitation on liability set forth in Section 7 shall extend beyond the termination of this Agreement or otherwise beyond the expiration of Your right to use the Service and will remain in effect in perpetuity.
• No Joint Venture or Partnership Relationship. Nothing in this Agreement shall be construed to create a partnership, joint venture or combined entity by or between Magnum and You or to make either the agent of the other and neither shall have the authority to bind the other. You  agree not to hold yourself out as a partner, joint venturer, combined entity or agent of Magnum . Each party is and is intended to be engaged in its own and entirely separate business. Each party shall be solely responsible for determining the applicability of, and compliance with, any present and future federal, state and local laws, orders, codes, regulations, and ordinances that may apply to each party and their respective businesses and employees.